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Partners for Better Communities

DIG’N IN TO THE ENVIRONMENTAL REVIEW PROCESS

Christina Owens

Community Development Specialists

N o v e m b e r 1 9 , 2 0 1 9

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OVERVIEW

What an Environmental Review is and why we do it Basic Terms & Definitions The Process Statutory Checklist/Thresholds for Compliance Forms and Publications Timing

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ENVIRONMENTAL REVIEW

An Environmental Review is…

• The process used to determine if an action created from the expenditure of federal

funds will adversely affect the environment.

Why…

• Required by law as a result of the National Environmental Protection Act (NEPA) of

1969 and Related Acts

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ENVIRONMENTAL REVIEW

Purpose

• Ensure environmental information is made available to public
• fficials and citizens before decisions are made and before

actions are taken.

Intent

• Protection of both the Environment and the Project

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RELATED ACTS

24 CFR Part 58.5

• National Historic Preservation Act of 1966
• Floodplain & Wetland Management
• Floodplain Management—E.O. 11988
• Wetlands Protection—E.O. 11990
• Coastal Zone Management Act of 1972
• Safe Drinking Water Act of 1974 (Sole Source Aquifers)
• Endangered Species Act of 1973
• Wild and Scenic Rivers Act of 1968
• Clean Air Act
• Farmland Protection Policy Act of 1981
• Environmental Justice—E.O. 12898
• HUD Environmental Standards (Noise, Explosives and Thermal, Runway Clear Zone)

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OTHER REQUIREMENTS 24 CFR Part 58.6

• Airport Hazards
• Runway Clear Zones/Clear Zones (RCZ/CZ)
• Accident Potential Zones (APZ)
• Flood Disaster Protection Act of 1973
• Coastal Barrier Resource Act of 1982

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TERMS & DEFINITIONS

Project

• An “activity or group of related activities,

designed by the recipient to accomplish, in whole or in part, a specific objective” [§58.2(a)(4)]

• “Aggregation”

Project = Acquisition + Demolition + Construction Partners for Better Communities

Terms & Definitions

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Terms & Definitions

Responsible Entity

The Responsible Entity (RE)= a unit of local government, tribe or State

(Per 24 CFR Part 58)

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Terms & Definitions

Certifying Officer

• Is the highest-ranking ELECTED official. This can be delegated to other government
• fficials but MUST be in writing
• Must have the technical capacity and administrative capability to carry out the ER duties
• Has the legal capacity to carry out ER responsibilities
• Holds the responsibility to act on behalf of the Responsible Entity in the environmental

review process

• Executes the Request for Release of Funds and Certification Form (HUD specific

requirement)

• Accepts jurisdiction in federal courts for RE

Environmental Review Record (ERR)

• Written record of the environmental review undertaken for each project
• Must be available for public review
• Must Contain the Following:
• Project Description
• Statutory Checklist
• Environmental Checklist
• Maps
• Public Notices
• Documentation of determinations or findings as evidence
• f review, decision making and action

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Terms & Definitions

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ENVIRONMENTAL REVIEW PROCESS

Define Project & Scope Determine “Level of Review” Conduct Review Publish Notices and Submit RROF & Certification (if required)

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DEFINE PROJECT & SCOPE Project Description

• Project Name
• Type of Construction
• Specific Location
• Types of Activities
• Time frame

Be THOROUGH but be CONCISE

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DETERMINE “LEVEL OF REVIEW”

• Exempt
• Categorically Excluded Not Subject to §58.5—CENST
• Categorically Excluded Subject to §58.5—CEST
• Environmental Assessment—EA
• Broad Level Tiered Review
• Environmental Impact Statement—EIS

Exempt and Categorically Excluded NOT Subject to §58 (CENST)

• Activities which are deemed not

to affect the human and/or physical environment. Partners for Better Communities

DETERMINE “LEVEL OF REVIEW

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DETERMINE “LEVEL OF REVIEW

Categorically Excluded Subject to §58 (CEST)

• CEST projects are those where

construction involves only replacement

• r renovation of existing facilities or

structures and no disturbance to the previously undisturbed natural or built environment

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DETERMINE “LEVEL OF REVIEW

Environmenta lAssessment (EA)

• A project that will involve new construction or

significant expansion of existing facilities in which existing facilities or structures will be altered or the cultural environment will be disturbed.

Good Rule of Thumb If you turn dirt—an EA is needed!

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DETERMINE “LEVEL OF REVIEW

BROAD-LEVEL TIERED

• Tiering is appropriate when there is a requirement to evaluate a policy
• r proposal in the early stages of development or when site specific

analysis or mitigation is not currently feasible and a more narrow or focused analysis is better done at a later date.

Environmental Impact Statement (EIS)

• New construction or disturbance of the natural or built environment that

will have a significant impact on the environment

• DHCD must be notified immediately

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DETERMINE “LEVEL OF REVIEW

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CONDUCT REVIEW

• Exempt and CENST

NOT Subject to §58.5 Compliance with §58.6 is REQUIRED NO Publication Requirements Document finding in the ERR, Complete and Submit a “Certification of Exemption”, then proceed with project

• For all other “Levels of Review”

Categorically Excluded Subject to §58 Environmental Assessment

• Broad Level Tiered
• Begin this process by completing the

Statutory Checklist Partners for Better Communities

CONDUCT REVIEW

MUST Exercise and Demonstrate Due Diligence

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CONDUCT REVIEW

STATUTORY CHECKLIST

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CONDUCT REVIEW

Research and Consultation

• Virginia Department of Historic

Resources (DHR)

• Floodplains and/or wetlands

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CONDUCT REVIEW

Research and Consultation Write letters and/or emails to regulatory agencies—as necessary Question: How long do we have to wait for a response?

• Categorically Excluded Subject to §58

Statutory Checklist

• -If your project is in compliance with each statue and if the State Historic Preservation Officer

(SHPO) concurs with the “No historic properties affected” your project will convert to Exempt, document file and proceed with project

• -If compliance is required for even one 58.5 Statue, proceed with Public Notice and RROF

process

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CONDUCT REVIEW

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DETERMINE THE LEVEL OF IMPACT

For Environmental Assessment GENERAL LEVEL OF DETERMINATION 1. Not A Major Federal Action

• Finding of No Significant Impact (FONSI)

2. Major Federal Action may significantly affect the quality of the human environment (FOSI)

• EIS required

• Publish and/or Post FONSI/NOI-RROF

(combined notice)

• Allow 15 or 18 days for comment period
• Address/resolve any comments received
• Sign RROF/C and submit to DHCD and other required agencies
• Allow 15 days for the State objection period

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PUBLISH NOTIFICATIONS/TIMING

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CALENDAR

• RE conducts research—not the resource agencies
• Make sure to use current and correct forms.
• ERR has a standardized format for each level of review—make sure to use the

correct form.

• Be sure to meet current Compliance Thresholds
• Your ERR is good for 5-years
• RE is responsible for the integrity of your ER --not the consultant

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REMINDERS

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RESOURCES

Tribal Directory Assessment Tool (TDAT)—egis.hud.gov/tdat An EPA tool used to facilitate the environmental review process-- nepassisttool.epa.gov VCRIS (Virginia Cultural Resource Information System) provides interactive views of information in the DHR’s Archives--dhr.virginia.gov IPaC is a project planning tool which streamlines the USFWS environmental review process--ecos.fws.gov/

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• Use of other agency ERR’s

HUD specific Requirements

 Runway Clear Zones and Clear Zones  Flood Insurance  Coastal Barriers

Adopted by governing body of locality

Contact Info:

Christina Owens, DHCD, Community Development Specialist 276-274-3058 or christina.owens@dhcd.virginia.gov Doug Ellis, DHCD, Community Development Specialist 804-371-7115 or doug.ellis@dhcd.virginia.gov

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QUESTIONS